Employment and Labour Law

27
Jan

Suing a Degree-Forging Employee for R2.2m

“Oh, what a tangled web we weave when first we practice to deceive” (Sir Walter Scott, quoted in the judgment below) It’s a sad fact of life in today’s business world that as an employer you must remain constantly on guard against the dangers of “CV fraud”. First prize of course must always be prevention – verify all claimed qualifications

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28
Nov

Employers: Don’t Miss Your Employment Equity Report Deadline!

Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – You have 50 or more employees, or Your annual turnover equals or exceeds your

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26
Oct

Your Employee Reaches Retirement Age and Wants to Keep Working – What Should You Do?

Article courtesy of Law Dot News | Employment Law and Labour Law Your Employee Reaches Retirement Age and Wants to Keep Working? “For many, many people, I’m a firm believer that 60 is the new 50.” (Carolyn Aldwin, director of Oregon State University’s Center for Healthy Aging Research) As even the youngest Boomers (the generation born between 1946 and 1964)
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26
Jul

Fired for Off-Duty CBD Oil Use and Cannabis Smoking

Article courtesy of Law Dot News | Employment Law | Labour Law Fired for Off-Duty CBD Oil Use and Cannabis Smoking “… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does
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26
May

The “Great Resignation” is Upon Us – Know the Law!

Article courtesy of Law Dot News | Resignation - Employment and Labour Law The “Great Resignation” is Upon Us – Know the Law! “Signs of the "Great Resignation" are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our
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25
Apr

Workplace Harassment: The New Code in a Nutshell

Article courtesy of Law Dot News | Employment and Labour Law Workplace Harassment: The New Code in a Nutshell “The criterion that harassment involves unwanted conduct distinguishes acts of harassment from acceptable conduct in the workplace” (extract from the Code, emphasis added) With effect from 18 March 2022, a new “Code of Good Practice on the Prevention and Elimination of Violence and
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23
Feb

Fired For Moonlighting

Article courtesy of Law Dot News | Employment and Labour Law – Moonlighting Fired for Moonlighting “She failed to disclose these obviously material activities to her employer and was therefore manifestly acting in violation of her duty of good faith to her employer.” (Extract from judgment below) “Moonlighting” is the practice of employees boosting their monthly income with a “side-job”
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23
Feb

Effective 1 March 2022: New Earnings Threshold and National Minimum Wage

Article courtesy of Law Dot News | Employment and Labour Law - National Minimum Wage Effective 1 March 2022: New Earnings Threshold and National Minimum Wage Employers and employees need to keep an eye on the annual increases in both the National Minimum Wage and the Earnings Threshold, summarised below for your convenience. Both are effective from 1 March 2022.
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26
Jan

When Does Attendance at a Rugby Match Trigger a Dismissal from Employment?

Article courtesy of Law Dot News | Employment and Labour Law - Dismissal from Employment When Does Attendance at a Rugby Match Trigger a Dismissal from Employment? "This is dishonest conduct of a kind which clearly negatively impairs upon a relationship of trust between an employer and employee.” (Extract from judgment below). An all-too-common complaint in workplaces comes from employers
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26
Oct

Fired for a Racist Facebook Post

Article courtesy of Law Dot News | Employment & Labour Law Fired for a Racist Facebook Post “The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An
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